Many people in Massachusetts realize that the state has a sex offender registration act, but few understand its mechanics. The United States Department of Justice also maintains a sex offender registration list, but the existence of this list and how it may be...
Felonies
Can a defendant’s past crime be introduced into evidence?
A common question asked by criminal defendants with histories of prior criminal activity is whether evidence of a prior crime can be used to prove guilt. For example, a person who is accused of felony drug charges may have been convicted of a similar crime on a prior...
Massachusetts court refines felony murder rule
The English common law has given courts in the United States, both local and federal, many doctrines that are routinely applied in criminal and civil cases. One of the oldest and best known of such rules is the felony murder rule. The rule states that anyone who...
Helping defendants charged with felonies in Massachusetts
Those defending against a felony charge in Massachusetts face varying punishments depending on the nature of their offense. A conviction for any felony carries serious consequences such as prison time and fines. For example, if convicted of felony drug charges,...
Four grounds for appeal based on harmful error
A previous blog post discussed the process of appealing a criminal conviction or sentence in Massachusetts. Harmless errors - or ones that do not affect the substantial rights of the defendant - will not justify reversal. To justify reversal, the error must have been...
Felony drug charges: school zone violations
In Massachusetts, possession with intent to distribute is a felony drug charge, regardless of the type of drug the defendant is accused of having. Those convicted of possession with intent to distribute may face up to two years in jail for a first offense. Second and...
Grounds for appealing a criminal conviction or sentence
A previous blog post discussed the process of appealing a criminal conviction or sentence. If the trial court error involved the defendant's constitutional rights, the conviction would be subject to automatic reversal. Otherwise, a reversal will only be granted to...
Appealing a criminal conviction or sentence in Massachusetts
Once defendants have been convicted, they have the right to appeal on certain grounds. In Massachusetts, a defendant may appeal in several circumstances including when new evidence was discovered that could affect the outcome of the case, evidence was improperly...
Legal defenses to burglary and robbery
A previous blog post discussed the potential penalties for burglary and robbery and the differences between the two. Those accused of burglary or robbery should also know the legal defenses that may be asserted in response to the accusation of such a serious...
What is the difference between burglary and robbery?
Burglary and robbery both often involve theft, but there are several differences between the two crimes. Burglary involves the unlawful entry into a structure whereas robbery does not. Robbery involves the use of force or fear upon another person to obtain property...